An extensive look from City Journal at probably one of the worst judicial driven criminal justice strategies ever, which is releasing criminals to the streets and causing crime rates to rise and more innocent people being victimized, well documented by the Criminal Justice Legal Foundation.
An excerpt from the City Journal article.
In 2009, three federal judges in California issued what Supreme Court Justice Antonin Scalia has dubbed “perhaps the most radical injunction issued by a court in our nation’s history.” The state, announced the judges, must release upward of 46,000 prisoners within two years. The injunction was the culmination of two decades of nonstop litigation by prisoner advocates, who argued that the poor health care in California prisons violated the constitutional ban on cruel and unusual punishment.
Since that 2009 release order, California has added well over $1 billion in new prison health-care facilities; correctional experts have declared the state’s inmate care among the nation’s best; and the prison population has dropped by more inmates than are housed in all but a few states. The state has radically reconfigured its criminal-justice system to comply with the court order. Yet the judicial triumvirate shows no signs of relinquishing its hold on the prisons, despite repeated requests from Governor Jerry Brown to do so. The struggle between Brown and the federal judiciary is the most dramatic constitutional battle in years. Time will tell if California’s recent sharp increase in crime is one consequence of the judicial intervention.
California has long been the epicenter of prison litigation. But for cataclysmic force and sheer staying power, nothing beats two massive and now inextricably intertwined class-action lawsuits. The Prison Law Office, California’s leading prisoner-rights organization, filed a suit in 1990 arguing that the mental health care provided to the state’s mentally ill inmates violated the U.S. Constitution. A second Prison Law Office suit in 2001 extended the argument to the entire prison health-care system. Hundreds of judicial orders have flown forth from these two cases, specifying such management arcana as bed planning. Each order was preceded by a furious exchange of motions between the plaintiffs’ attorneys and the state, and was followed by more dueling motions over compliance. Taxpayers pick up both sides’ legal bills, which, from 1997 to 2009 alone, excluding payments to experts, cost $38 million.